Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27805 of 2018 Applicant :- Poonam Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Gupta,Hari Pratap Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that there is cross version of the F.I.R. Three persons received injuries from the side of prosecution, while two persons received injuries from the side of defence, which the prosecution has not been able to explain. It is apparent that the applicant has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.4.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Poonam involved in Case Crime No. 0055 of 2017, under Sections 147, 148, 323, 308 and 325 I.P.C., P.S. Kaptanganj, district-Kushinagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2018 Faridul